Toledo Manrique delays his trial for collusion and money laundering in the Interoceanic Case. Photo: composition/EFE
This Thursday 23, the judge Laurel D. Beelerof the Northern District Court of California, temporarily suspended the extradition process —approved by the Department of State— of the former president Alexander Toledowho seeks to prevent the United States Government from turning him over to the Peruvian authorities so that he can be prosecuted for the alleged crimes of collusion and money laundering in the Interoceanic Case. According to the Prosecutor’s Office, the former president received about 35 million dollars in bribes from Odebrecht.
According to the resolution to which he agreed The Republicthe magistrate rejected Toledo’s main claim: to suspend the extradition until the Court of Appeals for the Ninth Circuit resolves, in second instance, a habeas corpus with which it seeks to annul the entire repatriation process.
D. Beeler, as in June 2022, it did agree to the secondary request of the former head of state and ordered to suspend the extradition for a period of 7 days or “until the date on which the Ninth Circuit rules on the petitioner’s request for suspension”. For this to take place, the appeal must be filed with the higher instance within a week.
According to the resolution, Toledo Manrique promised to file his stay request with the Ninth Circuit “no later than” Monday, February 27. Said legal maneuver was not questioned by the Government of the United States.
The arguments
The judge Laurel D. Beeler only accepted the argument of Toledo Manrique regarding the possible irreparable damage against him upon returning to Peru in a context of violent protests after the vacancy of Pedro Castillo and the assumption of In Boluarte.
“Conditions are much more dangerous now than a year ago. Since the removal of President Castillo, the country has been in a state of emergency, resulting in the suspension of various constitutional rights, including freedom of movement, freedom of assembly, and the right to privacy in the home. (…) The result has been rampant violations of human rights; the use of excessive and lethal force against the indigenous population; and the death of at least 48 people killed by law enforcement,” Toledo said.
The former president could not show that his habeas corpus is likely to be found founded in the Ninth Circuit or dismiss that his case is not in the public interest.